Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988
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Liability of Fund. |
20.—(1) Subject to the provisions of this Act, the Fund shall be liable for pollution damage in the State caused by the discharge of oil from a ship carrying oil in bulk as cargo, whether such ship is within or without the State. | |
(2) The Fund shall be liable for pollution damage in any case where— | ||
(a) a liability for damages does not arise under section 7 , or | ||
(b) the person who suffered the damage has been unable, after taking all reasonable steps to pursue every legal remedy available to him, to obtain full satisfaction of the amount of compensation due to him under section 7 or 9 , or | ||
(c) the owner of the ship concerned has limited his liability under this Act and the amount of compensation due exceeds such limit. | ||
(3) Section 12 (7) applies to any distribution made pursuant to this section in the same manner as it applies to any distribution made under section 12 . | ||
(4) The Fund shall not be liable for pollution damage if it is proved that the discharge of oil which caused the pollution damage resulted from an act of war, hostilities, civil war or insurrection or was caused by oil which has escaped or been discharged from a warship or other ship owned or operated by the State or by a Convention Country and used, at the time of the incident, only on government non-commercial service. | ||
(5) The Fund may be wholly or partly relieved from liability for pollution damage if it is established that the discharge of oil which caused the pollution damage was due wholly or partly to— | ||
(a) anything done or left undone by the person who suffered the pollution damage with intent to cause damage; | ||
or | ||
(b) the negligence of the person who suffered the pollution damage: | ||
Provided that this subsection shall not apply to the cost of any reasonable measures taken after an incident has occurred to prevent or to minimise pollution damage. | ||
(6) Subject to subsections (7) and (8), the Fund shall, in accordance with the provisions of this Act, indemnify the owner of a ship or his guarantor against his liability under section 7 or 10 . | ||
(7) A liability shall not be imposed on the Fund under subsection (6) in any case where it is established that the pollution damage resulted from the wilful misconduct of the owner of the ship. | ||
(8) The Fund may be wholly or partly relieved from its liability under subsection (6) if it is established that, because of the actual fault or privity of the owner of the ship, the pollution damage was wholly or partly occasioned by the non-compliance with the provisions of any Convention in relation to— | ||
(a) Safety at Sea, or | ||
(b) Pollution of the Sea, | ||
which may be specified by, or in accordance with, the Fund Convention. | ||
(9) In this Part “oil” means any persistent hydrocarbon mineral oil. |